2nd Circ. Won't Rehear Challenge To NYC Tobacco Limits

Law360, New York (May 2, 2013, 1:54 PM EDT) -- The Second Circuit refused Wednesday to reconsider its ruling upholding a New York City law restricting the sale of flavored smokeless tobacco, rejecting an Altria Group Inc. unit's plea for a rehearing on the grounds the ordinance is federally preempted.

In February, the appeals court affirmed a New York federal judge's decision to uphold the ordinance, which limits the sale of flavored tobacco products to tobacco bars. U.S. Smokeless Tobacco Manufacturing Co. LLC argued that the restrictions are effectively a sales ban, since only eight tobacco...